청구이의
1. The defendant's payment order against the plaintiff in the Changwon District Court, the High Military Court, the High Military Court, 201J 202.
1. The ground for the claim for the payment order stated in Paragraph (1) of the order against the plaintiff asserted by the plaintiff was that the non-party B sold the plaintiff on February 16, 1998 by the non-party B, and the price of 414,000 won was agreed to pay in 10 installments each month from March 16, 1998, but the plaintiff did not pay in full, and the defendant acquired the claim of this case from the above company.
Even if the above claim is calculated from December 26, 1998, the final payment date, the period of Dec. 25, 2003 expired, and five years have elapsed since the commercial statute of limitations.
After that, the defendant applied for a payment order on May 16, 201.
2. Confession (Article 150 of the Civil Procedure Act).
3. In cases of a payment order for which a decision has become final and conclusive, the reason for failure or invalidation, etc. which occurred before the issuance of the payment order, unlike the final and conclusive judgment, may be asserted in a lawsuit of objection against the payment order.
(See Articles 58(3) and 44(2) of the Civil Execution Act. Since the instant claims have expired due to the completion of extinctive prescription prior to the request for payment order, compulsory execution based on the payment order of this case may not be permitted.
The plaintiff's claim is justified.